The Legal Basis of Community Sanctions: Moving Competences from One Pillar to Another?

Christina Eckes

in EU Counter-Terrorist Policies and Fundamental Rights

Published in print December 2009 | ISBN: 9780199573769
Published online May 2010 | e-ISBN: 9780191722158 | DOI:

Series: Oxford Studies in European Law

 The Legal Basis of Community Sanctions: Moving Competences from One Pillar to Another?

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This chapter analyzes the competences of the Community and the European Union (EU) to adopt sanctions against individuals. It argues that, de lege lata, neither the EU nor the Community have the competence to adopt sanctions against private individuals. If, however, such measures were to be adopted within the EU, certain parts of the procedure, such as identifying those that will be targeted with sanctions, would have to take place under the first pillar (Community law). The structure of the chapter is as follows. Section 1 focuses on the competences of the Community to adopt individual sanctions. Section 2 focuses on the two Union pillars (Common Foreign and Security Policy (CFSP) and Police and Judicial Cooperation in Criminal Matters (PJCC)). Section 3 analyses how the current way of adopting individual sanctions threatens the competence distribution between the three pillars of the EU (horizontal division), while Section 4 looks into the power balance between the EU and its Member States (vertical division). Section 5 addresses the changes under the Lisbon Treaty and discusses to what extent the existing problems are resolved by the new provisions.

Keywords: European Community; European Union; sanctions; private individuals; Security Policy; Judicial Cooperation; Lisbon Treaty; counter-terrorist measures

Chapter.  22203 words. 

Subjects: Human Rights and Immigration

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